“We remember those who were called upon to give all a person can give, and we remember those who were prepared to make that sacrifice if it were demanded of them in the line of duty, though it never was. Most of all, we remember the devotion and gallantry with which all of them ennobled their nation as they became champions of a noble cause.” — Ronald Reagan
In New Jersey, the crime of theft is generally defined as an “unlawful taking” of someone else’s property with the intent to permanently deprive the owner of its use or possession. There are a number of specific offenses that fall under the umbrella of theft crimes, including shoplifting, receiving stolen goods, extortion, and even theft of property delivered by mistake.
As in other states, the type of charge in New Jersey depends primarily on the value of the property taken:
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It’s fairly common to hear the term “assault and battery” and assume that it’s a single crime. In New Jersey, as in most states, that’s not accurate. Assault is a separate crime distinguishable from battery, although you can be charged with both for the same incident. In fact, in almost all cases of battery, there is also some degree of assault.
In New Jersey, you can be charged with assault without making any physical contact with another person. To constitute assault, your actions must merely put another person in reasonable fear or imminent apprehension of an immediate battery. For example, if you raise your fist with the threat to hit someone, or intentionally drive your car at another person, you can be charged with assault.
In essence, a battery is a completed assault. A battery requires a touching of some kind. The touching must be non-consensual, and it must be something that a reasonable person would find offensive. A slap, kick, punch or shove qualifies as a touching sufficient to lead to a charge of battery, but so can a kiss or even a hug. The perpetrator does not, however, need to actually touch the victim. For example, if you strike a person with a thrown object, that can be battery.
The law recognizes a number of viable defenses to allegations of assault and battery:
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When you’re driving defensively, it’s not just other drivers that can pose a risk. Roadway hazards, such as potholes, loose gravel, uneven pavement or poor drainage, can lead to loss of control and cause an accident. A roadway may be poorly designed, with a blind corner or a tight curve without proper banking.
Typically, when you suffer an injury because of the negligence or carelessness of another person, it’s a pretty straightforward process to bring a personal injury lawsuit to recover damages. However, when the at-fault party is a state or municipal employee or agency, the process is much more complicated. In those instances, you will have to follow the process established by the New Jersey Tort Claims Act.
Inadequate road maintenance is a fairly common cause of motor vehicle accidents. Some examples of the failure to keep roads in proper condition include:
The New Jersey Tort Claims Act preserves a legal concept known as “sovereign immunity.” Under that legal principle, a governmental body is generally exempt from legal action. There are, however, some exceptions, which give private citizens the right to file a claim against the government. Public entities are responsible for injuries caused by a municipal employee if “within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.” That allows a private citizen to file a claim for losses suffered:
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In most instances, when you have been hurt in an accident because of the wrongful conduct of another party, it’s a relatively uncomplicated process to initiate and pursue legal action to recover damages. When the at-fault party is a government employee or agency, though, things are often not so simple.
In New Jersey, to bring legal action against the state or a local governmental worker or entity, you must follow the specific requirements of the New Jersey Tort Claims Act (NJTCA). When you file a claim under the NJTCA, you need to include the following information:
Note that you can recover compensation for pain and suffering, but you must show a “permanent loss of bodily function” or permanent dismemberment or disfigurement, with a minimum of $3,600 in medical expenses. It’s also important to understand that any damages covered by insurance will not be available in a claim under the NJTCA.
Unlike other types of personal injury claims, an action under the NJTCA must be filed within 90 days of the date of the accident. The state may then take up to 90 days to respond to your claim. A court may, upon request, grant an extension of the time to file for up to 12 months.
I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.
According to the National Highway Traffic Safety Administration (NHTSA), about four of every ten motor vehicle accident in the United States are rear-end collisions. The causes are many, from distracted driving to excessive speed, tailgating and failure to consider adverse weather conditions.
In nearly every rear-end collision, one or more of the passengers in the front car sustain a whiplash injury. Whiplash involves a violent snapping back and forth of your head (much like the action of a whip), pushing your head and neck beyond your normal range of motion. You can expect strains, sprains and muscle pulls in your neck and may also incur damage to your discs. Your discs provide a cushion between the vertebrae that compose your spinal column and that carry many of the nerve bundles that affect your motor skills. Discs may be herniated or ruptured, impinging on nerves and causing pain, inflammation and stiffness. You can also suffer damage to other connective tissue, such as ligaments and tendons, as a result of whiplash.
Because they tend to happen at relatively slow speeds, rear-end crashes don’t typical trigger the deployment of an airbag. That usually requires that the vehicle be traveling about 20 mile per hour or more. Nonetheless, the impact may be sufficient to slam your head or face into the steering wheel, the dashboard or the windshield. If the airbag does deploy, though, you can sustain fairly serious injury.
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In the aftermath of a motor vehicle accident, recovering full and fair compensation for all your losses can be challenging, particularly if the at-fault driver was impaired or under the influence of alcohol at the time of the crash. The reality is that many drunk drivers are repeat offenders. As such, they may be underinsured or even driving without insurance. What are your options when you can’t pursue adequate damages from the at-fault party?
In New Jersey, by law, all drivers are required to have a minimum amount of UM/UIM (uninsured/underinsured) coverage. If you’ve been injured in a car accident and the other driver either has no insurance or only has coverage for property damage, ask your insurance provider to file an uninsured/underinsured claim on your behalf. In most instances, you’ll want representation from an experienced attorney. Remember, your insurance company is still a for-profit entity, with an incentive to pay as little as possible to settle your claim.
In a personal injury lawsuit, you can seek damages from anyone who failed to act reasonably and who caused your injury, in part or in whole. That can often involve potential liability on behalf of parties other than the at-fault driver:
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When your loved one has died because of the careless or negligent acts of another person, your first and most important response needs to be grief. But when life starts to move forward again and you begin to acutely sense the loss on a daily basis, you need to take legal action to hold the wrongdoer accountable. While no amount of money can turn back the clock, it is important that you get adequate compensation for all the losses you’ve suffered.
In any type of personal injury claim, including a wrongful death lawsuit, there are generally three different types of potential damages (a legal term for “financial recovery for losses”):
Economic damages in a wrongful death action customarily include:
Non-economic damages tend to arise because of the loss of relationship between the deceased and family members. Typical non-economic damages include:
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When properly prescribed, pharmaceutical products can go a long way toward promoting quality of life. Unfortunately, many prescription and over-the-counter drugs have relatively small margins for error—too much or too little can have serious health consequences. The reality—it happens far too often.
There are many factors that contribute to pharmaceutical errors—many drugs have similar names, doctors see many patients, support staff may be less than diligent in reading charts or prescriptions. Here are the most frequent instances of medication error:
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